Choose Callahan & Blaine for Your Denied Homeowner’s Insurance Claim
Callahan & Blaine is known as one of the premier insurance litigation law firms in the country. We have successfully resolved more than 1,000 insurance bad faith lawsuits and disputes, obtaining many seven-figure verdicts and settlements. We have dedicated our careers to protecting the rights of individuals who have suffered losses. Our Orange County homeowners’ insurance attorneys are extremely skilled litigators who will take insurance companies to court when they refuse to honor the terms of their policies and treat policyholders fairly. Call us today!
Homeowners’ insurance companies often do not pay out adequate compensation or provide the coverage they are legally bound to provide. Callahan & Blaine works to hold these companies accountable and obtain the compensation clients deserve.
How Can A Homeowner’s Insurance Attorney Help?
Homeowners’ insurance typically covers property damage as well as theft, construction defects and personal injury/wrongful death claims. Callahan & Blaine has dedicated insurance litigation and property damage lawyers in Orange County that can assist you with problems involving any of these matters, whether the insurance company:
- Denied a valid claim
- Delayed the claims process
- Undervalued your claim
- Failed to defend you/pay a claim against your policy
Contact An Orange County Homeowners’ Insurance Lawyer Today
We will examine your homeowners’ insurance policy to determine whether the insurance company acted in bad faith, committed insurance fraud, or otherwise violated the terms and conditions of the policy. If the company failed to abide by the terms of the policy, it is in breach of contract and you have the right to hold it accountable. Depending on the specifics of the case, you may be able to recover compensation for the coverage to which you were entitled as well as additional damages.
Contact Callahan & Blaine’s Orange County denied homeowners’ insurance attorneys to discuss your homeowners’ insurance claim needs.
Frequently Asked Questions
Why Do Insurance Companies Deny Homeowners Claims?
Insurance companies deny homeowners claims for numerous reasons including asserting damage resulted from wear and tear rather than covered events, claiming pre-existing damage not covered by the policy, applying exclusions like earth movement or flooding, alleging policy lapses or premium non-payment, asserting late claim reporting violated policy terms, and claiming intentional damage or fraud. Common denial tactics include arguing water damage was gradual rather than sudden and accidental, stating fire damage originated from uninsured causes, claiming roof damage resulted from lack of maintenance, or alleging mold exclusions apply. Insurers sometimes deny claims citing policy limits reached, incorrect valuation of damages, or disputing whether the loss meets the policy deductible. Many homeowners claim denials are improper—insurance companies misinterpret policy language, fail to investigate thoroughly, or prioritize profits over policyholder obligations. California law requires insurers to conduct reasonable investigations and make fair coverage decisions. If your homeowners claim was denied, the denial may be wrongful even if the insurance company cites seemingly valid policy provisions. Our attorneys review denials carefully, examining policy language and claim evidence to determine if the insurer breached its duties.
Can I Sue My Insurance Company for Denying My Homeowners Claim?
Yes, you can sue your homeowners insurance company for wrongfully denying your claim if they breached the insurance contract or acted in bad faith. Legitimate grounds for lawsuit include the insurer denying coverage without proper investigation, misapplying policy exclusions that don’t actually apply to your situation, refusing to pay undisputed portions of your claim, undervaluing your damages without reasonable basis, or failing to communicate coverage decisions clearly and promptly. California law allows policyholders to recover not just the denied policy benefits but also consequential damages from the wrongful denial such as additional living expenses, repair cost increases due to delays, and emotional distress. If the insurer acted in bad faith, you may recover punitive damages far exceeding policy limits plus attorney’s fees. Before filing suit, California requires attempting resolution through internal appeals and potentially Department of Insurance complaints. You must file within the statute of limitations—typically four years for breach of contract and two years for bad faith claims. Our denied homeowners claim attorneys at Callahan & Blaine have successfully sued major insurance carriers throughout California and recovered millions for wrongfully denied claims.
What Should I Do If My Homeowners Insurance Claim Is Denied?
If your homeowners insurance claim is denied, immediately request a written explanation of the denial with specific policy provisions cited and appeal internally following your insurer’s appeals process outlined in your denial letter. Review your insurance policy carefully to understand coverage, exclusions, and your obligations under the policy terms. Gather additional evidence supporting your claim including independent contractor estimates, expert reports, photos, receipts, and witness statements. Document all damage thoroughly before making permanent repairs beyond emergency mitigation. Consider hiring a public adjuster to assess damages and prepare a detailed claim rebuttal. File a complaint with the California Department of Insurance which can investigate and mediate disputes with your insurer. Most importantly, contact a homeowners insurance attorney within 30 days of denial because strict deadlines apply for appeals and lawsuits. Do not accept the denial as final—many denials are overturned through proper legal representation.
How Long Do I Have to Appeal a Denied Homeowners Claim?
The timeline to appeal a denied homeowners claim varies by insurer but most require written appeals within 30-60 days of the denial letter date, though some policies allow 180 days or more. Your denial letter should specify the internal appeal deadline—missing this deadline may forfeit your appeal rights under the policy. However, missing internal appeal deadlines doesn’t necessarily prevent you from filing a lawsuit. California law provides four years from breach of contract to file suit for denied claims and two years for bad faith claims. While you can sue without exhausting internal appeals, attempting appeals first demonstrates good faith and may strengthen your case. The appeals process typically takes 30-90 days after submission, and insurers must respond in writing to your appeal. During appeals, continue documenting damages and gathering evidence but avoid making permanent repairs that prevent insurer inspection without prior approval. If your appeal is denied, you have additional options including Department of Insurance complaints and litigation. Time is critical—evidence deteriorates, witnesses become unavailable, and statutes of limitations expire. Contact our homeowners insurance attorneys immediately after denial to protect all your rights and meet every deadline while building the strongest possible case.
What Types of Homeowners Claims Are Most Often Denied?
Water damage claims are most frequently denied with insurers arguing damage resulted from gradual leaks rather than sudden pipe bursts, failing to maintain plumbing, or flooding exclusions applying. Mold damage claims face regular denials citing mold exclusions, claiming inadequate mitigation efforts, or asserting damage resulted from long-term moisture issues. Fire damage claims are denied when insurers dispute fire origin, claim arson or intentional acts, or assert policy exclusions apply. Roof damage claims commonly face denials alleging wear and tear, improper maintenance, or storm damage exclusions. Foundation and structural damage claims are denied citing earth movement exclusions, pre-existing conditions, or lack of coverage for settling. Theft and vandalism claims are disputed when insurers question whether losses actually occurred or were properly documented. Personal property claims face denials for insufficient proof of ownership, value disputes, or claims items weren’t covered under policy limits. Liability claims for injuries on your property are denied alleging negligence exclusions or that incidents didn’t occur as claimed. Our denied homeowners claim lawyers know these common denial patterns and have successfully overturned thousands of improper denials across all claim types throughout California.
What Is the Difference Between a Claim Denial and Claim Underpayment?
A claim denial means the insurance company refuses to pay anything for your loss, asserting no coverage exists under the policy, while claim underpayment means the insurer pays some amount but significantly less than the actual value of your damages. Denials typically cite policy exclusions, coverage gaps, or policyholder violations of policy terms. Underpayments result from insurers undervaluing damages using depreciation improperly, disputing repair costs with lowball estimates, refusing to pay code upgrade costs, failing to account for all damaged property, or ignoring diminished property value after repairs. Both denials and underpayments can constitute bad faith if unreasonable. Underpayment cases often require independent appraisals, contractor estimates, and expert testimony proving the insurer’s valuation was inadequate. You can dispute underpayments through policy appraisal clauses, internal appeals, or litigation even if you’ve already received partial payment. Many homeowners accept inadequate payments not realizing they’re entitled to full replacement cost value. Our attorneys handle both denied and underpaid homeowners claims, using experts to prove true repair costs and fighting to recover the full amount you’re owed under your policy. Never accept an insufficient settlement assuming it’s the best you can get—insurance companies routinely lowball claims hoping homeowners won’t challenge valuations.
Can My Homeowners Insurance Company Drop Me for Filing a Claim?
Homeowners insurance companies in California cannot legally drop you solely for filing one claim, but they can non-renew your policy at renewal time for various reasons including multiple claims within three years, high-risk property conditions, or company policy changes. California law prohibits cancellation or non-renewal based solely on filing a single claim unless the claim involved fraud. However, insurers sometimes retaliate against policyholders who file claims by raising premiums substantially, conducting aggressive inspections finding alleged maintenance issues, or non-renewing at policy expiration. Some insurers illegally pressure homeowners not to file legitimate claims by threatening non-renewal or rate increases. This constitutes bad faith and creates additional liability for the insurance company. If you’re considering whether to file a homeowners claim, never let fear of non-renewal prevent you from seeking coverage you paid for—that’s exactly what insurers want. Document any threats or pressure from your insurer not to file claims. If your insurer drops you after filing a legitimate claim, this may constitute wrongful non-renewal or retaliation, giving you grounds to sue for bad faith. Our homeowners insurance attorneys protect clients from insurer retaliation and pursue additional damages when companies improperly threaten or non-renew policies as punishment for exercising policy rights.
What Is Bad Faith in Homeowners Insurance Claims?
Bad faith in homeowners insurance occurs when your insurance company unreasonably denies, delays, or underpays your claim in violation of their duty to act fairly and in good faith with policyholders. Common bad faith tactics include denying valid claims without conducting proper investigations, refusing to pay undisputed claim portions while disputing other parts, delaying claim processing without reasonable justification, misrepresenting policy language to avoid coverage, using biased or unqualified adjusters or experts, demanding unreasonable documentation or proof, failing to communicate claim status or explain coverage decisions, pressuring you to accept inadequate settlements, and threatening policy cancellation for filing claims. California law imposes strict requirements on insurers to thoroughly investigate claims, communicate clearly and promptly, and make reasonable coverage decisions based on policy terms and available evidence. Bad faith creates liability beyond your policy limits—you can recover emotional distress damages from the insurer’s misconduct, consequential damages from delays or denials, punitive damages to punish egregious insurer behavior, and attorney’s fees. Bad faith damages often exceed the underlying claim value by 10-20 times. Our homeowners insurance bad faith attorneys document every instance of improper insurer conduct and build compelling cases that hold insurance companies accountable for unfair claim practices.
How Do I Prove My Homeowners Claim Should Have Been Approved?
To prove your homeowners claim should have been approved, first thoroughly document all damage with photographs and videos from multiple angles showing full extent of destruction. Obtain written estimates from licensed contractors providing detailed scope of repairs needed and associated costs. Secure expert reports from engineers, restoration specialists, or other professionals establishing cause of damage and repair requirements. Gather your insurance policy and review coverage provisions showing your loss falls within covered perils. Collect receipts, invoices, and purchase records proving ownership and value of damaged property. Obtain witness statements from neighbors or others who saw the damage or incident occurrence. Preserve damaged items that demonstrate the loss extent and causation. Review your claim file from the insurance company (you have a right to request this) showing what they investigated and why they denied coverage. Identify weaknesses in the insurer’s denial reasoning including inadequate investigation, biased expert opinions, or misapplication of policy exclusions. Hire a public adjuster or attorney who can present your evidence professionally and counter the insurer’s denial rationale. Our homeowners claim attorneys work with top experts and investigators to build comprehensive evidence packages proving coverage and full damages owed under your policy.
